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Individual Liability of Condominium Sponsor's Principals
When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium v. Soho Broome Condos, LLC, decided last month, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
The case arose out of sponsor's development of a 25-story building. Once the sponsor's control of the condominium board ended, the board brought an action seeking damages for alleged construction defects and mismanagement of the condominium during the sponsor control period. In addition to a breach of contract claim against the sponsor, the board alleged that the sponsor and its principals had committed fraud in the offering plan by misrepresenting the condominium's operating expenses and projected common charges. The board also allege that sponsor members of the initial sponsor-controlled board had breached their fiduciary duty by understating common charges and keeping them low until the sponsor sold nearly all of the units. The complaint alleged that the sponsor members acted to benefit themselves and the sponsor by inducing purchasers to buy units at prices reflecting the artificially low common charges — charges the condominium board raised by 65% once most of the units had been sold.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Transfer Tax Implications on Real Property Leases
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